As a silver member, businesses can sign up with no joining fee and no annual fees/monthly fees to commit to.
Silver members accept all leads automatically, allowing for an immediate flow of contact details from a prospective customer to the business. This allows for a quick and professional automated service from the website to both the customer and the business. The Silver Membership means less handling for both the business and customer and immediate interaction, which reflects well on the business.
Silver Membership
As a Silver Member you:
a)will be able to upload your advertisement to the TradieFinder website without charge and make it available to users
b)will be able to gain access to TradieSpace, the members’ only area
c)can be contacted by TradieFinder with the receipt of details of prospective customers seeking to use your services
d)will be charged per lead in accordance with the SMS Premium Service Costs identified below.
e)may at any time terminate your Silver Membership by texting "STOP" to 19996661.
f)may upgrade to higher membership levels subject to agreeing to the Gold membership Terms and Conditions and expressly subscribing to the Gold Membership.
The advantage of the Silver Membership is that you have no joining fees or annual fees to pay.You also receive all leads automatically and your customers receive your details automatically, ensuring an efficient response time for your customers.
If you elect to take up Silver Membership, TradieFinder will not send you a prior SMS seeking your consent to receive details of the lead. Instead, TradieFinder will send you an SMS which already contains the lead details.
You agree to receive SMS details of potential clients/leads in the following manner:
(a) TradieFinder will SMS you with leads without a prior SMS request asking you to consent to the receipt of such a lead
(b) you will be charged for each SMS lead in accordance with the SMS Premium Service Costs identified in the Service Provider Terms and Conditions of Use.
Gold Membership
As a Gold Member you have the option to either accept or refuse all incoming leads.You pay either a monthly fee or annual fee for this service, however you can swap between a gold and silver membership as many times as you like.This membership is suitable for businesses wishing to monitor their workflow.
Declining or not responding to a lead request will result in the contact details of that lead being withheld from you.When you decline a lead or do not respond to a lead, TradieFinder will not send your contact details to the prospective client interested in your services.
In relation to Gold Members, TradieFinder also stores contact information about potential and actual clients which can (subject to you accepting the TradieFinder Gold membership terms and conditions), be accessed by you on the TradieSpace area (members area) within the TradieFinder website.
As a Gold Member, in the TradieSpace area you will be able to contact your clients by sending and receiving SMSes using the TradieFinder mobile premium SMS service.
In order to subscribe as a Gold Member your will need to:
(a)agree to the Service Provider Terms and Conditions of Use outlined below; and
(b)in addition to agreeing to the Service Provider Terms and Conditions of Use outlined below, agree to the Gold Members specific Terms and Conditions and;
(c)upon receipt of a Gold Member subscription verification SMS from TradieFinder,
respond “YES” to such an invitation.
GOLD MEMBERSHIP SPECIFIC TERMS AND CONDITIONS
You agree to receive SMS details of potential clients/leads in the following manner:
(a) TradieFinder will SMS you with leads without a prior SMS request asking you to consent to receipt of such a lead;
(b) you will be charged for each SMS lead in accordance with the SMS Premium Service Costs identified in the Service Provider Terms and Conditions of Use.
Subscribing for the TradieFinder Mobile Premium Service
Prior to subscribing for the TradieFinder Mobile Premium Service, you must read the TradieFinder terms and conditions on the TradieFinder website and agree to those terms and conditions.
Use of the TradieFinder website and any services provided by TradieFinder by you is subject to the Service Provider Terms and Conditions of Use.
SERVICE PROVIDER TERMS AND CONDITIONS OF USE
(The terms “you” and “your” mean in addition to the definition in clause 25 below any tradesperson or business who uses the TradieFinder website or the TradieFinder Services to locate potential users of their services or attract or secure use of their services)
Silver Members: Upon acceptance of the Service Provider Terms and Conditions of Use by you, TradieFinder will, upon receiving a request from a potential client for services of the kind offered by you in your area, provide you with an SMS message asking you whether you wish to accept an SMS from TradieFinder containing the contact details of the potential client and whether you wish TradieFinder to send your details to the potential client. If you respond YES to that SMS a further SMS will be sent to you containing the lead details. You will be charged for that SMS as follows:
A. Service Costs
As a Silver or Gold Member, you will be charged for:
(a) each SMS message sent to you by TradieFinder containing a potential client’s contact details at a rate of AU$5.00 per message (inclusive of GST); and
(b) each confirmation SMS sent from TradieFinder back to you when you contact your client on TradieSpace at a rate of AU$5.00 per message (inclusive of GST)
Further details and updates in relation to pricing are accessible in relation to the Services provided by TradieFinder on the TradieFinder website at www.tradiefinder.com/price.asp.
Any increase in service costs will be notified to you by a free SMS from TradieFinder.
If you wish to use the TradieFinder SMS contact service, you must agree to the Service Provider Terms and Conditions of Use.
B. Billing
You will be billed for the charge outlined above as part of your mobile carrier service provider bill. SMS Premium charges relevant to the TradieFinder service will be separately identified in that bill.
TradieFinder will not issue a separate invoice to you.
C. Carriage Fees
No additional carriage fees over and above the TradieFinder SMS premium charges outlined above, will be charged by TradieFinder or your mobile network provider in relation to the SMSes sent to you by TradieFinder (as described above under the heading “Service Costs”).
TradieFinder will not charge any fee in relation to the provision of pricing information about its Services to you. Your mobile service provider may charge an SMS fee separate to any information provided by TradieFinder for SMS’ sent by you to TradieFinder.
You do not have to request supply of the Service provided by TradieFinder in order to view the Service Provider Terms and Conditions of Use.
D. Cancelling your TradieFinder Services
You may at any time terminate all services provided by TradieFinder by smsing “STOP” to 1996661.
The STOP request will take effect within one business day of you sending the STOP command. TradieFinder will send you a free SMS confirming the STOP notice has been issued.
A STOP fee will not be charged.
If you have any queries please feel free to ring the TradieFinder Free Helpline on 1800 795 661.
E. $30 Expenditure updates
TradieFinder will send you a free SMS once you have incurred $30 of TradieFinder fees in relation to the TradieFinder Service in a single calendar month TradieFinder will send you a further cost free SMS message updating you each time you incur an additional $30 of TradieFinder fees in that calendar month.
F. Other SMS Services
TradieFinder will notify you by free SMS of any changes to these Service Provider Terms and Conditions of Use by referring you to its website.
G. Other Issues
You acknowledge and agree that if you use the Service, you will not present your contact details on the TradieFinder website as a way of communication with customers outside the SMS premium regular way of communication.
TradieFinder will not charge you for any Premium SMS message that (for whatever reason) failed to be delivered to you other than where the failure in relation to the delivery is attributable to an act or omission by you (for example, a lack of credit with your mobile telephone service provider or on some other ground).
As a Silver Member, if you decline a lead or not accept a lead, you authorise and consent to TradieFinder sending an SMS to that prospective client in the following terms:
[FreeMsg]We have contacted (Your business name). Currently they are unable to proceed with your request. Please continue your search. TradieFinder.com
H. Privacy
Personal information about you collected by or for TradieFinder may include your name, telephone and mobile numbers, address and occupation.
We collect this personal information directly from you when you provide these details to TradieFinder or its agents (whether by SMS, via our website or by other form of communication). We may also collect this personal information from sources of information in the public domain and from companies or other organisations acting on our behalf.
Such personal information will be stored in a TradieFinder database available to TradieFinder personnel and agents and contractors of TradieFinder.
We will use and disclose such Personal Information for the purposes of providing those details to persons who have requested information about you or your services or services of the kind offered by you as part of the TradieFinder services. We will also disclose such personal information to related companies of TradieFinder and to third parties (including your telecommunication service provider and any telemarketing or other service providers) who are assisting us in providing our services to you.
We may also use and disclose personal information for one or more of the following purposes:
(a) to develop, market and provide new TradieFinder services to you;
(b) to identify you in relation to communications between you and TradieFinder;
(c) to manage and administer the TradieFinder business; and
(d) to improve our services; and
We may also disclose your personal information to:
(a) our legal advisors
(b) government and regulatory bodies where required by law; and
(c) where otherwise required by law.
Other than as part of a sale of all or part of the TradieFinder business, we will not sell personal information to any third party.
I. Correcting and updating personal information
Please advise us of any changes to your personal information. This will assist us in maintaining the accuracy of information held by TradieFinder.
J. Helpline and Complaints
You are welcome to contact TradieFinder on the TradieFinder Helpline on 1300 99 55 76 or by email on customerservice@tradiefinder.comfor any comments or complaints you may have in relation to the Premium SMS service provided by TradieFinder.
TradieFinder will acknowledge receipt of any complaint made by you by return SMS free of charge.
TradieFinder will investigate all complaints made by you unless it reasonably forms the view that such a complaint is not genuine, frivolous or vexatious.
1. Terms and conditions are contractually binding
You acknowledge and agree that these Service Provider Terms and Conditions of Use are contractually binding and constitute the complete terms and conditions which govern your use of the Service, the provision of Your Information and your obligation to indemnify the Indemnified from liability arising out of the provision of your services to third parties.
2. Payment
You acknowledge and agree that if you use the Service, you will pay all fees and charges which may be payable by you as set out in clause A (Service Costs) and at www.tradiefinder.com/tradiefindertest/price.aspof these Service Provider Terms and Conditions of Use. You further acknowledge and agree that the Operator may alter the Service Costs, at any time and in any manner in the Operator’s absolute discretion upon notifying you by SMS that there will be a change to such Service Costs in the Pricing Schedule.
3. Warranties
You warrant that:
(a) you are over the age of 18 years of age or are a duly incorporated body corporate;
(b) you have authority to enter into and perform all of your obligations under these terms and conditions;
(c) you have the ability to perform all of your obligations under these terms and conditions;
(d) you are the owner or otherwise have all rights necessary to Your Information on the Site or otherwise to provide Your Information as part of, or in connection with, the Service;
(e) you and any persons providing services to a Customer will:
(i) be duly qualified to offer and provide those services;
(ii) at all times, exercise skill and care and act in a professional manner; and
(iii) provide those services in accordance with all applicable Statutes, industry and other codes of practice; and
(f) any Content provided by you:
(i) will be true, correct and not misleading, free from errors, viruses, trojan horses, spyware or malevolent code and does not contain any material which is in breach of any person's rights;
(B) harmful (including but not limited to viruses, corrupted files, or any other similar software or programs);
(C) disparaging or deprecating of the Service, the Operator or other Users;
(D) in breach of any Statute; or
(E) otherwise objectionable; and
(iii) will not infringe the Intellectual Property Rights or any other right of any person or constitute a beach of any agreement which you or any of your Associates may have with any other person.
4. Grant of Rights
You hereby grant to the Operator a worldwide, royalty and licence-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Your Information and/or to incorporate Your Information in other works in any form, media or technology now known or which may be later developed.
5. The Operator’s Rights
You acknowledge and agree that:
(a) the Operator may modify or discontinue the Site and/or the Service at any time without notice or liability to you;
(b) the Operator may amend any policy or procedure related to the Site and/or the Service (including, without limitation, the Cancellation Policy and the Privacy Policy other than the Service Costs and Pricing Schedule) at any time and without notice or liability to you; and
(c) the Operator is entitled, at all times, to cooperate with any law enforcement authority and to act in accordance with any direction or request (including to provide any information requested in relation to your identity and any other information sought in relation to you and your use of the Service).
6. Your obligations:
You undertake to the Operator that you will NOT:
(a) access, tamper with or otherwise use areas of the Site other than Your Listing. You acknowledge and agree that individuals attempting to access areas of the Site for which they are not authorised to access may be subject to prosecution;
(b) tamper with or alter (or attempt to tamper with or alter) any Content related to any person other than you;
(c) provide as part of, or in connection with, the Service any name, branding, trademarks, logos, seals or slogans of any third party without the prior written consent of both the third party and of the Operator;
(d) solicit, garner, glean or gather any User's information available as part of, or in connection with the Service, including without limitation, the names, phone numbers or email addresses, for any commercial or business purposes (other than as part of, or in connection with the Service) or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters”;
(e) do anything that would create or impose an unreasonable or disproportionately large burden or load on the Site or otherwise for the Service;
(f) frame or link the Site without the prior written consent of the Operator;
(g) suggest or otherwise represent that you have any affiliate or sponsorship with any individual, partnership, company, entity, organisation or other body corporate or incorporate that you do not have;
(h) engage in any deceptive or misleading marketing practices;
(i) release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Site or the Service, without the prior written consent of the Operator
(j) post, email, transmit or otherwise make available any Content which:
(i) is in breach of the warranties made by you set out in clause 3(f);
(ii) contain any defects or Viruses;
(k) use any Crawl Code in accessing the Site or relation to or in connection with it;
(l) decompile, reverse engineer or disassemble any software, device or other processes forming part of, or is used in connection with, the Site; or
(m) use any Content contained on the Site without the prior written consent of the Operator.
7. Relationship with Customers and other Users
(a) Your correspondence with Customers and other Users, including the development and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Customer or other User.
(b) You acknowledge and agree that the Operator:
(i) is a neutral facilitator only and is not directly involved in any transaction which you may decide to enter into with a User;
(ii) cannot and does not confirm the identity of any Users, their backgrounds or credit-worthiness or their ability to pay for any services provided by you;
(iii) is not a party to any agreement or arrangement which between you and any User in relation to the provision of your services or otherwise;
(iv) is not liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Customer or Users as part of, or in connection with, the Service;
(c) You acknowledge and consent to the Operator contacting you by SMS, email, telephone or other form of electronic communication in relation to the Service, including potential leads, and other services which may be offered from time to time by TradieFinder or Related Entities of TradieFinder; and
(d) You consent to the Operator putting your business details on the TradieFinder website.
8. Operator’s Right to Remove Material
You acknowledge and agree that the Operator has the right to remove or restrict access to Content made available as part of, or in connection with the Service if ordered to do so by a court or if the Operator considers such Content to be in violation of its these terms and conditions or posted rules or policies, including Content the Operator considers to be in breach of the warranty provided by you pursuant to clause 3 of these terms and conditions.
9. User Feedback
(a) You acknowledge and agree that:
(i) the Site operates a Customer feedback system, pursuant to which Customers are able to provide Comments on the Site in relation to service providers who have been used by Customers (including, without limitation, negative comments, criticisms and observations about you and the services that you have provided);
(ii) the feedback system may consist of:
(A) Comments made by Customers;
(B) ratings of individual service providers (including you) provided by Customers; and
(C) a composite rating score compiled by the Operator on such criteria as the Operator may so determine, in its absolute discretion, on the basis of the ratings and Comments made or provided (as the case may be) by Customers;
(iii) you may be rated by Customers on such criteria, as the Operator may so determine, from time to time;
(iv) the Operator does not monitor or censor the Comments posted by Customers other than to ensure that those Comments meet any requirements as to the posting of such Comments which the Operator may require, from time to time; and
(v) the only claim which you may have in relation to any Comment made by a Customer is against such Customer and that you have no right whatsoever to make any claim against the Operator or any Associate of the Operator in relation to any Comment made by a Customer.
(b) you release and will keep released the Operator and each Associate of the Operator from any Loss which may arise as a result of, arising out of or in connection with:
(i) the establishment, use or operation of the feedback system referred to in clause 9(a); or
(ii) any Comment made by a Customer on the feedback system referred to in clause 9(a) or any part of the Site,
and from any claim for defamation, negligence, malicious falsehood, slander of goods, intentional negligent or innocent misrepresentation, or any other claim for breach of any other right which you may have of any nature whatsoever.
10. Guarding Your Password
You agree that at all times you will safeguard the User ID and password you may use to access this Service. You hereby acknowledge and agree that the Operator is entitled to assume that any person using the Service with your User ID and password either is you or is authorised to act for you.
11. Privacy
Please see our Privacy Policy, which is incorporated in these terms and conditions by reference.
12. Suspension and Termination
Without limiting the Operator's other remedies, you acknowledge and agree that the Operator may:
(a) temporarily suspend;
(b) indefinitely suspend; or
(c) terminate,
your right to access the Site and/or use the Service or any part of it and refuse to provide any services to you if:
(i) you breach any of these terms and conditions or any policies incorporated by reference, including any policies or procedures displayed on, or as part of, the Site;
(ii) the Operator considers that your actions may cause any legal liability for the Operator or any User.
You acknowledge and agree that if your right to access the Site is temporarily suspended, indefinitely suspended or terminated, you will not continue to use the Service whether under the same name or under any other name.
13. Cancellation
You are entitled to cancel your participation as part of, or in connection with, the Service at any time in accordance with the Cancellation Policy as such policy may exist, from time to time.
14. Intellectual Property Policy
The Operator respects the Intellectual Property Rights of others and expects all persons using the Site or the Service to do the same. You agree at all times to respect the Intellectual Property Rights of others and further acknowledge and agree that the Operator may, at its absolute discretion, terminate the right of any User to access the Site or use the Service if the User infringes the Intellectual Property Rights of others.
15. Insurance
You will effect and maintain all insurance policies that a prudent person providing services to third parties similar to those services provided by you would maintain to cover their provision of those services and you will maintain those insurance policies for a period of not less than 7 years after you have provided any services to a third party who has accessed your services through, or in connection with, the operation of this Service.
16. Use at Your Risk
You acknowledge and agree that:
(a) the Site and the Service are each provided on an ‘as is’ basis and that you accept all risk associated with access to the Site and the use of the Site and otherwise of, or in connection with, the Service;
(b) the Operator does not guarantee that the Site will be error free or that the Site or the server that operates it are free of Viruses or other harmful components;
(c) the Operator makes no representation that your advertisement will appear or appear accurately on the TradieFinder website or that is will result in any leads; and
(d) the Operator has urged you to keep backup copies of material you have included on, or as part of, the Service (including, without limitation, on, or as part of, the Site.
17. Implied Terms
(a) Subject to clause 17(b), to the maximum extent permitted by law, all terms, conditions and warranties in relation to the Service (including, without limitation, the Site), other than expressly stated these terms and conditions, whether express or implied, are hereby expressly negatived and excluded.
(b) where any legislation implies in these terms and conditions any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or any liability under, such condition or warranty, the condition or warranty will be deemed to be included in these terms and conditions. However, the liability of the Operator for any breach of such condition or warranty will be limited, at the Operator’s option, to one or more of the following:
(i) if the breach relates to goods:
(A) the replacement of the goods with equivalent goods or the supply of equivalent goods;
(B) the repair of such goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; and
(ii) if the breach relates to services:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
(c) Without in any way limiting the generality of clause 14(a), you acknowledge and agree that the Operator has not provided any warranty or representation that:
(i) the use of the Site or other components of the Service:
(A) will not infringe or otherwise violate the rights (including Intellectual Property Rights or Moral Rights) of any person; or
(B) constitute a misuse of any person’s confidential information;
(ii) the Site or other components of the Service will meet your requirements;
(iii) the Site or other components of the Service does not contain any defects or Viruses;
(iv) the operation of the Site or other parts of the Service will be error free; and
(v) there are no defects, faults or malfunctions in, or associated with, Site or other parts of the Service;
(vi) the Site and other parts of the Service will be operative at all times; or
(vii) the Site and other parts of the Service will detect or correctly identify and/or disinfect any threats, applications (whether malicious or otherwise) or any other components.
18. Limitation of Liability
You hereby acknowledge and agree that:
(a) subject to clause 17(b) but otherwise notwithstanding anything to the contrary in these terms and conditions, the total liability of the Operator for damages or any other form of monetary relief for matters related to, connected with or arising out of this Agreement or the transactions contemplated by it, regardless of the cause of action, whether in contract, tort (including, without limitation, negligence) or breach of any Statute or any other legal or equitable obligation is limited to $100;
(b) in no event will the Operator be liable to another for any indirect or consequential Losses including loss or corruption of data, loss of profit, revenue, goodwill or anticipated savings;
(c) you have not relied on any representation made by the Operator which has not been stated expressly in these terms and conditions or upon any descriptions, illustrations or specifications contained in any document or publicity material produced by the Operator;
(d) to the extent the Operator has made any representation which is not otherwise expressly stated in these terms and conditions, you have been provided with an opportunity to independently verify the accuracy of that representation;
(e) you hereby indemnify and agree to keep indemnified the Operator and each of its Associates (the “Indemnified”) against any Losses incurred by the Indemnified, arising directly or indirectly, out of any of the following:
(i) any breach by you of these terms and conditions or by any person on your behalf;
(ii) any fraud or wilful misconduct of you, or your Associates, under or in connection with this agreement causing Liability;
(iii) any wrongful act on your part or on the part of any of your Associates (including without limitation any actionable tortuous act (including, without limitation any action for negligence), any breach by you, or any of your Associates, of any Statute or any legal or equitable wrong on your part, or on the part of any of your Associates;
(iv) any infringement or alleged infringement of the Operator or a third party’s Intellectual Property Rights by you or any of your Associates;
(v) any of the warranties given by you under clause 3 proving to have been false, misleading or inaccurate when made;
(vi) personal injury, death or loss of or damage to real or tangible personal property caused by you or any of by any of your Associates; or
(vii) any loss or damage caused to the Operator’s computer system or data or to the computer systems or data of other Users which loss or damage:
(A) is caused by;
(B) results from;
(C) arises out of;
(D) relates to; or
(E) is connected with,
(whether directly or indirectly) your access to, or use of, the Site or the Service or any access to, or use of, Site or the Service by a third party which use or access is authorised, or assisted, by you.
19.Notices
You acknowledge and agree that:
(a) the Operator may provide notices by posting them on the Site and you agree to check the Site for notices;
(b) you also authorise the Operator to send notices to you, at the Operator’s absolute discretion, via email or SMS unless you otherwise indicate in writing to the Operator; and
(c) regardless of whether the Operator sends an email or SMS notification, you will be considered to have received a notice when it is made available to you by posting on the Site.
20. Entire Agreement
You acknowledge and agree that these terms and conditions constitutes the entire agreement between the Operator and you with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the Operator and you or our respective officers, employees or agents and all such other agreements will (other than in relation to confidential information) be replaced by these terms and conditions.
21. Waiver
You acknowledge and agree that the failure, delay, relaxation or indulgence on the part of the Operator in exercising any power, right or remedy conferred upon the Operator by these terms and conditions will not operate as a waiver of that power, right or remedy, nor will the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy under these terms and conditions.
22. Severability
If any provision of these terms and conditions is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
23. Assignment
You acknowledge and agree that:
(a) you may not assign your rights or obligations under these terms and conditions;
(b) the Operator may assign its rights and obligations under these terms and conditions by notice in writing to you, in accordance with clause 16.
24. Governing Law
You acknowledge and agree that:
(a) the agreement between the Operator and you constituted by these terms and conditions will be deemed to have been made in the State of Victoria, Australia and the construction validity and performance of these conditions will be governed in all respects by the law for the time being in force in that State;
(b) you and the Operator have each submitted yourself or itself (as the case may be) to the non-exclusive jurisdiction of the Supreme Court of Victoria and any court hearing appeals from that Court in respect of any dispute, proceeding or matter relating to these terms and conditions.
25. References to “you” and “yourself” and authority to enter into these terms and conditions
(a) Subject to clause 25(b), the terms “you”, “yourself” refers to the person who has accepted these terms and conditions by clicking on the “You accept” button.
(b) If a person is accepting these terms and conditions on behalf of a company or other body corporate, such person warrants that he or she is authorised to enter into these terms and conditions on behalf of the company or other body corporate, in which case the terms “you”, “yourself” refers both to the company or other body corporate on whose behalf these terms and conditions have been entered and the person whose has clicked on the “You accept” button in their personal capacity.
26. Definitions and Interpretation
(a) In these terms and conditions, unless the context otherwise requires:
(i) “Associates” means in relation to a person, the employees, officers, directors, representatives, agents and contractors (including sub-contractors) of that person and of any Related Entity of that person (if any).
(ii) “Cancellation Policy” means the policy relating to the process by which you may cancel your participation as part of, or in connection with, the Service which is available from the Site or which may be effected by calling [insert number].
(iii) “Comment” means comment, criticism, opinion or observation;
(iv) “Content” means any information, text, graphics, files, links, or other materials of any nature whatsoever and includes, without limitation, Comments.
(v) “Corporations Act” means the Corporations Act2001 (Cth).
(vi) “Crawl Code” means any manual or automated code, software, devise or other process which ‘crawls’, ‘spiders’ or ‘screen scrapes’;
(vii) “Customer” means any person to whom services are provided as part of or in connection with the Service or who accesses;
(viii) “Intellectual Property Rights” means statutory and other property rights in respect of trademarks, patents, circuit layouts, copyrights, confidential information and all other intellectual property rights as defined in Article 2 of the Convention establishing The World Intellectual Property Organisation of July 1967.
(ix) “Liability” includes Losses.
(x) “Loss” and “Losses” means claims, losses, liabilities, damages, costs and expenses of any kind (including, without limitation, legal fees on a full indemnity basis, economic loss, economic harm, reputation loss), including those which are prospective or contingent and those the amount of which is not ascertained or ascertainable.
(xi) “Your Customer” means any Customer:
(A) to whom you provide services; and
(B) who has become a person to whom you provide a service as a result of your participation in, or in connection with the Service.
(xii) “Your Information” means Content which you provide as part of, or in connection with the Service.
(xiii) “YourListing” means that specific part of the Site which contains Your Information but does not Content related to any other person.
(xiv) “Operator” means TradieFinder Pty Ltd (ACN [insert ACN].
(xv) “Privacy Policy” means the Operator’s privacy policy which is available from the Site
(xvi) “Related Entity”has the meaning given to it in the Corporations Act.
(xvii) “Service” means the Tradiefinder service operated by the Operator and includes the Site.
(xviii) “Pricing Schedule and Service Costs ” means the schedule of fees and charges which is available from the Site
(xix) “Site” means thewebsite (www.tradiefinder.com).
(xx) “Statute” means any act of any parliament or other legislative body or any regulations or other subordinate instrument made under or pursuant to such an act.
(xxi) “User” means any person who accesses or uses the Site and includes, without limitation, Customers.
(xxii) “User ID” means the alphanumeric identification which a User adopts in relation to its access to, and use of, the Service (including, without limitation, the User’s access to, and use of, the Site.
(xxiii) “Viruses” means any viruses, time-bombs, back doors, trojan horses and any other form of malevolent or defective code or similar items.
(b) The paragraph headings in these terms and conditions, shown in boldface type, are included to help make these terms and conditions easier to read and have no binding effect.
(c) A reference to a clause in these terms and conditions is a reference to a clause of these terms and conditions.
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